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Monday, April 07, 2008

The Public Affairs Committee (Pac), a faith-based organization thatadvocates for good governance, says it still maintains that theRepublican Constitution does not allow a former president to bounceback, saying it is now waiting for the resumption of the James PhiriÕscase to join it as friends of the court. Pac chairperson BonifaceTamani said this on Wednesday when asked on the progress hisorganization was making in its legal challenge launched last yearagainst MuluziÕs ambition to return to power. "Pac cannot leave thiscase like that. We will take it to the highest level. We have alreadyexpressed our position, through a press statement, and I think nobodyshould bounce back for the good of the country, we donÕt believe thatMuluzi can bounce back. "We cannot have one man only ruling thiscountry as if he is the only intelligent person. We donÕt want to goback the one party era," said Tamani. James Phiri, a self-acclaimed UDFpresidential hopeful, has sued former president Bakili Muluzi on hiscomeback bid, arguing the Republican constitution under section 83 (3)does not allow him after he already served his maximum two consecutiveterms in office. The section bars former presidents from bouncing backafter serving two five-year consecutive terms, and this view has beensupported by the Special Law Commission which was tasked to review theconstitution in 2005 and whose report is at cabinet level for scrutinybefore it is presented before parliament for ratification. "We willwait for the case to take off and join it as friends of the court.Normally, courts ask interested individuals or institutions to join acase as friends of the court so when that time comes, we will file anapplication to be part of it. "We have already formed a legal opinion,after consulting out lawyers, that the [Republican] constitution doesnot allow a former president to bounce back," said Pac chairmanBoniface Tamani in a telephone interview on Wednesday. The Pac chairmanrevealed that his organization was an interested party to the casebecause its outcome would mean a lot to the future of Malawi anddemocracy. Asked on whether the Pac board had met to discuss the matterespecially on when they would be joining the case, Tamani said: "Nodecision has been made yet by the board but I would not be surprised ifthe board decides to join the case. When we meet again we will discussthis issue." Phiri, only identified as a businessman, is asking thecourt to declare that Muluzi---who is also UDFÕs national chairman---isnot eligible to stand as presidential candidate despite the partyÕs NECendorsement, claiming that the decision violates the partyÕsconstitution. "[I pray for an order] that the defendant is notpromoting, ensuring and protecting peopleÕs political rights asenshrined in section 40 of the constitution by holding that he iseligible and or that he is going to stand as a presidential candidatein the 2009 general elections," says Phiri, who is represented bylawyer Christopher Chiphwanya. Phiri claims MuluziÕs decision to standfor the UDF has divided the party and that the UDF chairmanÕs campaignis not welcome "by many members" in the party. "According to UDFÕsconstitution and convention, it is only those persons that qualify topresidential candidates under the Malawi Constitution that also qualifyto be presidential candidates under the party ticket. "Muluzi served aspresident from 1994-2004. Under the [Republican] Constitution he isdisqualified to run for the office [and] since he is disqualified underthe Constitution he is equally disqualified to be UDFÕs presidentialcandidate for 2009," argues Phiri. He further argues that the UDF NEChas supported MuluziÕs stand despite some party members not endorsinghis unilateral move. "Unless restrained by the order of this court,[Muluzi] will continue campaigning and run for the said post at theparty [party] convention. Last year, Muluzi was reported to haveassembled a team of 24 local and international lawyers to research onwhether the countryÕs laws allowed him to stand again as presidentialcandidate in 2009, after serving two consecutive terms in office from1994-2004. Muluzi was a powerful politician under first Malawipresident Dr Kamuzu Banda, serving in several ministerial and partypositions including being secretary general of the Malawi CongressParty. He then went into business, but resurfaced to lead the UDF in1992 as a pressure group to agitate for political pluralism whichculminated into the holding of the national referendum and eventuallydemocratic elections two years after, in 1994

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